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Request for Qualifications and Quotes 09514

Personnel Investigations

The Washington State Department of Enterprise Services, Master Contracts and Consulting Unit (MCC), issues this Request for Qualifications and Quotes (RFQQ) under the authority of the Revised Code of Washington (RCW) 39.26. DES reserves the right to modify dates and times. Any changes will be sent electronically as amendments to all users of Washington’s Electronic Business Solution (WEBS) who downloaded this RFQQ.

Projected Procurement Schedule:

Posting date November 6, 2014

Question-and-answer period November 6– November 24, 2014

Responses are due December 2, 2014, 2 p.m.

Anticipated award date December 23, 2014

Procurement coordinator Jennifer Burbage

(360) 407-9422

Jennifer.Burbage@des.

Responses must be emailed to desmipsmc@des. Subject line: 09514 Personnel Investigations

Deliver response to Washington State Department of Enterprise Services

Master Contracts and Consulting

1500 Jefferson St. SE

Olympia, WA 98501

Attention: Bid Clerk, Master Contracts and Consulting Unit

IMPORTANT: Response must be delivered in a sealed package and should have the following information on the outside:

• RFQQ number

• Bid due date and time

• Procurement coordinator’s name

• Name and address of bidder’s company

Contents

1 SUMMARY OF OPPORTUNITY 4

1.1 Purpose 4

1.2 Background 4

1.3 Purchasers 4

1.4 Estimated Usage 4

1.5 Master Contract Term 4

1.6 Master Contract Extensions 5

1.7 Second Tier Overview, Vendor Selection, Second Tier Work Orders, Customer Work Contract Responsibility 5

1.8 Second Tier Program Management 6

1.9 Acquisition Authority 7

1.10 Contract Formation 7

1.11 Non-Endorsement and Publicity 7

1.12 Economic and Environmental Goals 7

1.13 Minority and Women Owned Business Enterprises (MWBE) 7

1.14 Veteran-Owned Business Enterprise 8

2 TIMELINE 8

2.1 Projected Procurement Schedule 8

2.1.1 This RFQQ 8

2.1.2 Additional Enrollment Opportunities 8

2.2 Bidder Questions 9

2.3 Incorporation of Documents into Contract 9

2.4 Solicitation Amendments 10

2.5 Right to Cancel 10

2.6 Information Availability 10

2.7 Complaint, debrief and protest (general information) 10

3 INSTRUCTIONS TO BIDDERS 11

3.1 Authorized Communication 11

3.2 Bidder Communication Responsibilities 11

3.3 Bidder Authorized Representative 11

3.4 Washington’s Electronic Business Solution (WEBS) 11

3.5 Bidder Responsiveness 12

3.6 Withdrawal or Modification of Response 12

3.7 Proprietary or Confidential Information 12

4 BIDDER QUALIFICATIONS and RESPONSIBILITIES 13

4.1 Established Business 13

4.2 Use of Subcontractors 13

4.3 Bidder Technical Requirements 13

4.4 No Costs or Charges 13

4.5 Post Award Conference 13

4.6 Management fee and Usage Reporting 13

5 PRICING 14

5.1 Overview 14

5.2 Financial Grounds for Disqualification 14

5.3 Taxes 14

5.4 Price Quotation 14

5.5 No Best and Final Offer 14

5.6 Miscellaneous Expenses 14

5.7 Price Adjustments (only applies to small project process) 15

5.8 Presentation of all Cost Components 15

6 PREPARATION OF RESPONSES 15

6.1 Due Date and Time 15

6.2 Format 15

6.3 Required Submittals / Checklist 16

7 EVALUATION AND AWARD 17

7.1 Award Criteria 17

7.2 Evaluation 17

7.2.1 Initial Determination of Responsiveness 17

7.2.2 Evaluation of Appendix E – Hourly Rate and Qualifications 17

7.2.3 Appendix E – Not-To-Exceed (NTE) Hourly Blended Rate Pricing 17

By category, the Bidder must include pricing and meet all other solicitations requirements to be considered for an award in the category. 18

7.2.4 Appendix E – Five Year Experience Requirement 18

7.2.5 Appendix E – Writing Sample 18

7.2.6 Appendix E – Private Investigator (PI) requirement 18

7.3 Evaluation Committee (if applicable): 18

7.4 Responsibility 19

7.5 Selection of Apparent Successful Bidders 19

7.6 Selection of Apparent Successful Bidder 19

7.7 Announcement of Apparent Successful Bidder 19

7.8 Award 20

8 CONTRACT INFORMATION 20

8.1 Incorporated documents and order of precedence 20

8.2 Parties 20

8.3 Authority to bind 20

8.4 Counterparts 21

9 APPENDICES 21

Appendix A, Standard Terms and Conditions 21

Appendix B, Special Terms and Conditions 21

Appendix C, Complaint, Debrief and Protest Procedures 21

Appendix D, Bidder Profile 21

Appendix E, Hourly Rates and Qualifications 21

Appendix F, Two-Tier User Guide 21

10 CERTIFICATIONS AND ASSURANCES 22

11 BIDDER’S AUTHORIZED OFFER and CONTRACT SIGNATURE PAGE 23

SUMMARY OF OPPORTUNITY

1 Purpose

The purpose of this RFQQ is to establish a Pre-Qualified “Vendor Pools” of Contractors who provide Personnel Investigations based the listed categories by contracting with multiple vendors through a small project process or a separate competitive process.

If Successful, the Bidders will be admitted to a “vendor pool(s)”. After the vendor pool is established, purchasers then follow a second tier selection process to identify which vendor best meets the purchaser’s needs for a specific statement of works as well as determining the actual contracted rate(s).

DES intends to select and enter into Master Contracts with multiple Bidders as a result of this RFQQ in order to establish a Pre-Qualified Vendor pool(s) at inception and a periodic open enrollment opportunity.

2 Background

The Personnel Investigations RFQQ is a competitively-bid, “Two Tier” contracting program administered by the Department of Enterprise Services (DES) in which prequalified Contractors provide categorized services to eligible DES customers.

In the current program, Contractors have been prequalified and categorized into Service Categories based on their service offerings.

3 Purchasers

With respect to use of this Contract, Washington State agencies, including but not limited to DES, institutions of higher education, boards, commissions and political subdivisions (e.g., counties, cities, school districts, or public utility districts) as set forth in the Interlocal Cooperation Act, chapter 39.34 RCW, and public-benefit nonprofit corporations that are eligible to receive services from DES under chapter 39.26 RCW and have signed the Master Contracts Usage Agreement (MCUA).

4 Estimated Usage

Spend for services over the last biennium approximated $200,000. Estimates are based on past and/or projected usage and are provided solely for assisting bidders in preparing their response. Orders will be placed only on an as-needed basis.

DES does not represent or guarantee any minimum purchase.

5 Master Contract Term

If awarded the initial term of this Contract shall be from the date of last DES signature, for a period of 24 months.

To be responsive, a Bidder must indicate a willingness to enter into a Master Contract by signing the Bidders Authorized Offer and Contract Signature Page.

Under no circumstances is a Bidder to submit their own standard Contract terms and conditions. Instead, a Bidder must review and identify the problematic language, state the issue, and propose alternate language or a proposal for Contract modification during the question period before the bid due date.

The foregoing should not be interpreted to prohibit either party from proposing provided it’s not contingent, additional Master Contract terms and conditions during negotiation of the final Master Contract or Amendment, DES, at its sole discretion, reserves the right to negotiate improvements to responsive and responsible Responses

All exceptions to the Standard Terms and Conditions terms and conditions must be submitted during the question and answer period.

6 Master Contract Extensions

Extensions for additional terms shall be exercised at the sole discretion of DES upon written notice to the contractor. The total contract term, including the initial term and all extensions, should not exceed eight years unless circumstances require a special extension. DES reserves the right to extend with all or some of the contractors. One of the considerations for the extension will be contractor performance and whether the contractor continues to take on work and accept offers.

7 Second Tier Overview, Vendor Selection, Second Tier Work Orders, Customer Work Contract Responsibility

Second Tier Overview:

A. Second-Tier: Following the first-tier process, when a customer has a specific need, the customer drafts a second tier solicitation which is a competitive opportunity to invite response from the prequalified pool from the appropriate category or categories posted in WEBS (Washington Electronic Business Solutions).

Second Tier Solicitation responses are reviewed, evaluated, awarded and extended by the customer and a contractor is selected for that job (Second-Tier Contract).

B. Small project: There’s one exception. If the customer believes the cost for the specific work is $10,000 or less the customer may select from a prequalified pool. Small project is part of the second-tier process but there is no secondary competition. Under Small project, the customer is authorized to pick from any contractor from the appropriate category or categories and directly negotiate a contract. However, the contractor selected may never charge more per hour than its current and authorized not-to-exceed price.

When agencies are doing a small project $10,000 or less they can pick a contractor from the prequalified vendor pool for the category. If the small project is with a microbusiness, minibusiness, or small business and the contractor is in the prequalified vendor pool the $10,000 threshold is increased to $13,000. For definitions of micro, mini, and small businesses please see RCW 39.26.010 (17), (18), and (21). Also, see policy #DES-125-03 direct buy procurement/purchases (RCW 39.26.125) about direct buys.

C. Overlap: When the customer has a need, the customer must make a determination about which category or categories are appropriate for the specific need. The customer need only believe that the specific job falls into the category or categories even if it later changes into another category or outside of any defined category. If the initial category/need evolves into a different issue/need, the customer has a choice to continue with the original awarded contractor or stop the process and release the awarded contractor, and then make another selection using the competitive process or small project process, whichever one applies.

Vendor Selection:

A. Once awarded in Tier One, Vendors from the Prequalified Vendor Pool will be selected for work by purchasers through either of the following processes in Tier Two:

• A small project process for qualifying procurements (i.e., purchases less than or equal to $10,000 or $13,000 is the small project is with a microbusiness, minibusiness, or small business); prequalified vendors pricing evaluated and scored; or

• A competition for larger procurements (i.e., Purchases more than or equal to $10,000); or

• A second tier competition when the purchaser prefers this method irrespective of dollar figure.

B. Vendors must complete Appendix E: Hourly Rate and Qualifications including all required information in their Bid response to become part of the prequalified pool.

Second Tier Work Orders:

• The terms of any Work Order executed pursuant to this Contract shall be set forth in the Work Order.

• The term of any Work Order whether initial or renewed shall not exceed 24 months. Thereafter it must be renewed (extended) or allowed to expire.

• Work Orders or renewal Work Orders shall not be entered into after the expiration or other termination of the Master Contract.

• Work Orders or renewal Work Orders entered into prior to the expiration or other termination of this Master Contract may be completed under the Master Contract terms and conditions in effect when the Work Order or renewal Work Order was entered into.

• All of the terms and conditions contained in this Master Contract shall survive the expiration or other termination of this Contract for so long as any Work Order entered into under this Master Contract is still in effect and shall apply to such Work Order.

Customer Work Order Responsibility:

All services to be performed for a Purchaser under the Master Contract resulting from this RFQQ shall be documented in a Purchaser Work Order established between the Purchaser and the Contractor. Work Orders should reference the Master Contract number, and should include, the scope of work to be performed, projected timeline, the estimated total cost of the project, and authorized signatures of both parties.

The customer is at all times responsible for the second tier small project or competitive bid work orders.

8 Second Tier Program Management

Except as prohibited by law, DES reserves the right to review the program’s prequalified pools/usage rate and use its sole discretion in determining which Contractors receives an extension. Further, DES may add or delete categories if deemed necessary by DES.

9 Acquisition Authority

The Washington State Department of Enterprise Services (DES), issues this Request for Qualifications and Quotes (RFQQ or Solicitation) acting under the authority of the Revised Code of Washington (RCW) 39.26 which regulates the manner in which state agencies may acquire services.

10 Contract Formation

A signed response submitted to this RFQQ is an offer to Contract with DES. A Response becomes a Contract only when accepted (partially or totally), awarded in writing and signed by both parties. Contracts resulting from this RFQQ will be designated as Master Contracts which are intended to support the as-needed Personnel Investigation requirements of authorized Purchasers.

11 Non-Endorsement and Publicity

When selecting Contractors, DES nor Purchasers are not endorsing the Contractor’s products or services, or suggesting that they are the best or the only solution to their needs.

12 Economic and Environmental Goals

In support of the state’s economic and environmental goals, although not an award factor (unless otherwise specified herein), bidders are encouraged to consider the following:

• Support for a diverse supplier pool, including small, veteran, minority and women-owned business enterprises. MCC has established voluntary numerical goals of:

o 3 percent (3%) Women Owned Business (WBE)

o 3 percent (3%) Minority Owned Business (MBE)

o 3 percent (3%) Small Business (SB)

o 3 percent (3%) Veteran Owned Business (VB)

Achievement of these goals is encouraged whether directly or through subcontractors. See below regarding how to obtain information on certified firms or to become certified. Also see Appendix I Procurement Reform Small Business Fact Sheet.

• Use of environmentally preferable goods and services to include post-consumer waste and recycled content.

• Products made in Washington.

• To help the State be responsive to veteran, women and minority owned business communities and assist the State in becoming aware of the business environment in this commodity, Bidders are asked to include a copy of their diversity plan in their Bid Submittal. This will not be a scored element, and Bidders that do not have such a plan, need not develop one to submit a Bid in this solicitation.

13 Minority and Women Owned Business Enterprises (MWBE)

In accordance with the legislative findings and policies set forth in RCW 39.19, the State of Washington encourages participation in all of its Contracts by Minority and Woman Owned Business Enterprise (MWBE) firms certified by the Office of Minority and Women’s Business Enterprises (OMWBE). While the state does not give preferential treatment, it does seek equitable representation from the minority and women’s business community. In addition, the state welcomes participation by self-identified minority and woman owned firms and strongly encourages such firms to become certified by OMWBE.

Participation may be either on a direct basis in Response to this RFQQ or as a subcontractor to a Contractor. However, unless required by federal statutes, regulations, grants, or Contract terms referenced in the original RFQQ, no preference will be included in the evaluation of Response, no minimum level of MWBE participation shall be required as condition for receiving an award, and Response will not be evaluated, rejected or considered non-responsive on that basis.

Any affirmative action requirements set forth in federal regulations or statutes included or referenced in the original RFQQ will apply. Bidders are encouraged to contact Office of Minority and Woman Owned Business Enterprise (OMWBE) to obtain information on becoming a certified firm, or to obtain information on other certified firms for potential sub-Contracting arrangements.

Nothing in this section is intended to prevent or discourage Bidders from inviting others from participation from non-MWBE firms as well as MWBE firm(s).

Prior to Award, Apparent Successful Bidders will be required to present their company Diversity Plan for review. The plan is, to include how their company exercises responsibility in the community through utilization of MWBE, veteran owned and small businesses.

Prior to performance, awarded Bidders who are MWBE or intend to use MWBE subcontractors are encouraged to identify the participating firm(s) to OMWBE.

14 Veteran-Owned Business Enterprise

DES also strongly encourages participation of businesses owned by veterans. No minimum level of veteran-owned business participation is required as a condition of receiving an Award and no preference will be included in the evaluation of Responses in accordance with chapter 43.60A RCW. Bidders are encouraged to identify themselves as such and contact the Department of Veteran Affairs (DVA) to obtain information on becoming a certified firm or to obtain information on other certified firms for potential sub-Contracting arrangements. For more information, see WDVA Veteran / Service member Business Registry

TIMELINE

1 Projected Procurement Schedule

1. This RFQQ

The dates listed on the cover page represent the projected procurement schedule for this RFQQ. DES reserves the right to change the schedule. Notification of changes to the procurement schedule prior to Response opening will be sent electronically to all properly registered users of Washington’s Electronic Business Solution (WEBS) who downloaded this RFQQ from WEBS. Changes to the procurement schedule after Response opening may be communicated to all Bidders reflecting the change.

2. Additional Enrollment Opportunities

Following the initial RFQQ and an administrative period, DES may post the original or revised requirements of this RFQQ to WEBS providing the opportunity for additional Bidders to respond for qualification in this category in accordance with the projected performance schedule below. DES reserves the right to revise this schedule in any fashion necessary.

Bidders who have submitted unsuccessful Responses to this RFQQ or have been terminated from the program may reapply in the calendar year following an unsuccessful Response or other termination from the program in accordance with the schedule below.

– Bidders may only submit Responses once per calendar year.

– Bidders may not respond in the same calendar year of an unsuccessful Response or other termination from the program using a different DBA.

– Bid Reponses received during the open enrollment period will be evaluated October through December of each year. New awarded contract will be effective January 1st of the following year.

|Projected Performance Schedule |

|(Following the initial RFQQ) |

|Enrollment Periods |

|January 1, 2015 – September 30, 2015 |

|January 1, 2016 – September 30, 2016 |

|January 1, 2017 – September 30, 2017 |

|January 1, 2018 – September 30, 2018 |

2 Bidder Questions

Questions regarding this RFQQ will be allowed consistent with the dates specified in the procurement schedule on the cover page. All questions must be submitted in writing to the Procurement Coordinator (see contact information on front page). Please reference “Solicitation Q & A #09514” in your subject line. Questions should reference the individual document, page number, paragraph number and subject title whenever possible. Failure to include a proper subject line may mean your question will not be reviewed.

DES may provide written answers for questions received by the question and answer period’s deadline. Answers may be published via an Amendment and posted to WEBS for Vendors.

Verbal responses to questions will not be provided and Bidders shall not rely upon any verbal responses made by the procurement authority/Procurement Coordinator. Only written answers posted through WEBS will be considered official and binding. Bidders name will not intentionally be identified in answers.

When the question and answer period is complete, questions and comments outside the question and answer period will not be answered or acknowledged.

Complaints: Issues or concerns not resolved to a Bidder’s satisfaction during the normal question and answer period may be addressed prior to the Response due date and time through the process detailed in Appendix C, Protest Procedures. Complaint period ends 5 days before the original deadline unless DES grants more time. All complaints must be in writing and clearly identified as a complaint.

3 Incorporation of Documents into Contract

This RFQQ document, any subsequent Amendments and the Bidder’s Response will be incorporated (accepted portions) into the resulting Master Contract.

4 Solicitation Amendments

DES reserves the right to revise the schedule or other portions of this RFQQ at any time. Any changes or corrections will be by one or more written Amendment(s), dated, attached to or incorporated into and made a part of this RFQQ document. All changes must be authorized and issued in writing by the Procurement Coordinator. If there is any conflict between Amendments, or between an Amendment and the RFQQ, whichever document was issued last in time shall be the controlling document. Only Bidders who have properly registered and downloaded the original RFQQ directly via the WEBS system will receive notification of Amendments and other correspondence pertinent to the procurement. Bidders may be required to sign and return Solicitation Amendments with their Response. Bidders must carefully read each Amendment to ensure they have met all requirements of the RFQQ.

In the event that Solicitation Amendments are required as a submittal, Bidder must complete, sign and scan any Solicitation Amendments issued.

5 Right to Cancel

DES reserves the right to cancel or reissue all or part of this RFQQ at any time as allowed by law without obligation or liability.

6 Information Availability

In accordance with RCW 39.26.030(2), Response contents (including pricing information) and evaluations are exempt from disclosure until DES announces Apparent Successful Bidders.

7 Complaint, debrief and protest (general information)

NOTE: See also Appendix D, Complaint, Debrief and Protest Procedures, located in the Appendices section below.

Complaint: This solicitation offers a complaint period for bidders wishing to voice objections to this solicitation. The complaint period ends five business days before the bid due date. The complaint period is an opportunity for the bidder to voice objections, raise concerns or suggest changes. Failure by the bidder to raise a complaint at this stage may waive its right for later consideration. DES will consider all complaints but is not required to adopt a complaint, in part or full. If bidder complaints result in changes to the RFQQ, written amendments will be issued and posted on WEBS.

Complaints must be sent to the Procurement Coordinator located on the front page of this document.

Debrief: Debrief meetings are an opportunity for the bidder and the Procurement Coordinator to meet and discuss the bidder’s bid. A debrief is a prerequisite for a bidder wishing to lodge a protest. Following the evaluation of the response, DES will issue an announcement of the Apparent Successful bidder (ASB). That announcement may be made by any means, but DES will likely use email to the bidder’s email address provided in the bidder’s bid. Bidders will have three business days to request a debrief meeting. Once a debrief meeting is requested, DES will offer the requesting bidder one meeting opportunity and notify the bidder of the debrief meeting place, date and time. Please note, because the debrief process must occur before making an award, DES will likely schedule the debrief meeting shortly following the announcement of the ASB and the bidder’s request for a debrief meeting. DES will not allow the debrief process to delay the award or be used as a delaying tactic. Therefore, bidders should plan for contingencies and alternate representatives and bidders unwilling or unable to attend the debrief meeting will lose the opportunity to protest.

Protest: Bidders wishing to protest must do so in conformity with Appendix C, Complaint, Debrief and Protest Procedures.

INSTRUCTIONS TO BIDDERS

1 Authorized Communication

Upon release of this RFQQ, all Bidder communications concerning this RFQQ must be directed to the Procurement Coordinator listed on the front page of this RFQQ. Unauthorized contact regarding this RFQQ with other state employees or customer advisory team members involved with the RFQQ may result in disqualification. All oral and written communications other than official solicitation amendments will be considered unofficial and non-binding on DES. Bidders should rely only on written Solicitation Amendments issued by the Procurement Coordinator.

2 Bidder Communication Responsibilities

Bidders will be responsible for communicating to the Procurement Coordinator any issues, exceptions, additions or omissions concerning the RFQQ. Where requirements appear to prohibit or restrict participation, an explanation of the issue with suggested alternative language should be submitted in writing to the Procurement Coordinator by the deadline for questions and comments indicated on the cover page. The Solicitation process may continue. If changes result, written Amendments will be made by the Procurement Coordinator and provided by posting them to WEBS as indicated above.

While Bidder input will be considered, the Procurement Coordinator is under no obligation to respond, implement or otherwise share the input provided with the pool of potential Bidders. Further, if additional clarification is necessary such communication shall not be considered as negotiation with the Bidder.

These communications will be accepted via email to the Procurement Coordinator; telephone calls cannot be accepted. Failure to notify DES of an issue by the deadline may be considered to be a waiver of the issue by the Bidder for protest purposes. Bidders are encouraged to make any inquiry as early in the process as possible to allow DES to consider and Respond; however, no Response is required.

3 Bidder Authorized Representative

Bidder must designate an authorized representative who will be the principal point of contact for the Procurement Coordinator for the duration of the Solicitation process. Bidder shall complete Appendix D, Bidder Profile.

4 Washington’s Electronic Business Solution (WEBS)

Bidders are solely responsible for:

1. Properly registering with WEBS at WEBS for Vendors

2. Maintaining an accurate Bidder profile in WEBS

3. Downloading the Solicitation consisting of the RFQQ with all related attachments and exhibits for which the bidder is interested in competing for

4. Downloading all current and subsequent Amendments to the Solicitation

To ensure receipt of all Solicitation documents, the RFQQ for this Solicitation must be downloaded from WEBS. Notification of Solicitation Amendments will only be provided to those Bidders who have registered with WEBS and have downloaded the RFQQ from WEBS. Failure to do so may result in a potential Bidder having incomplete, inaccurate, or otherwise inadequate information, or a Bidder submitting an incomplete, inaccurate, or otherwise inadequate Response. Bidders and potential Bidders accept full responsibility and liability for failing to receive any Amendments resulting from their failure to register with WEBS and download the RFQQ from WEBS, and hold DES harmless from all claims of injury or loss resulting from such failure.

5 Bidder Responsiveness

Bidder must respond to each question/requirement contained in this RFQQ. Failure to comply with any applicable item may result in the Response being deemed non-responsive and disqualified.

DES reserves the right to consider the actual level of a Bidder’s compliance with the requirements specified in this RFQQ and to waive informalities in a Response. Informalities are immaterial variation from the exact requirements of the RFQQ, having no effect or merely a minor or negligible effect on quality, quantity, or delivery of the supplies or performance of the services being procured, and the correction or waiver of which would not affect the relative standing of, or be otherwise prejudicial to Bidders.

6 Withdrawal or Modification of Response

Bidders are liable for all errors or omissions contained in their Responses.

– After Response submittal but prior to Response opening: The Bidder may modify or withdraw his/her Response at any time prior to the Response due date and time by providing a written request to the Procurement Coordinator from an authorized representative of the Bidder.

– After Response opening: No Response shall be altered or amended. DES may allow a Response to be withdrawn if the Bidder demonstrates that the prices were miscalculated. A low Bidder, who claims error and fails to enter into a Master Contract with DES, may not participate in bidding on the same commodity or service if a Solicitation is subsequently reissued by DES.

DES reserves the right to contact Bidder for clarification.

7 Proprietary or Confidential Information

All Responses submitted become the property of DES and a matter of public record after DES announces Apparent Successful Bidders.

Any information contained in the Response that is proprietary or confidential must be clearly designated. Marking of the entire Response or entire sections of the Response as proprietary or confidential will not be accepted nor honored. DES will not honor designations by the Bidder where pricing is marked proprietary or confidential.

See the Proprietary or Confidential Information subsection of the Standard Terms and Conditions.

BIDDER QUALIFICATIONS and RESPONSIBILITIES

1 Established Business

Prior to commencing performance, or prior to that time if required by DES, Purchaser, law or regulation, Contractor must be an established business firm with all required licenses, fees, bonding, facilities, equipment and trained personnel necessary to meet all requirements and perform the work as specified in the Solicitation. Contractor shall maintain compliance with these requirements throughout the life of this Contract.

DES reserves the right to require receipt of proof of compliance with said requirements within 10 calendar days from the date of request, and to terminate this Contract as a material breach for noncompliance with any requirement of this paragraph.

2 Use of Subcontractors

First-Tier: DES will accept Responses that include third party involvement; however, the Bidder submitting the Response agrees to take complete responsibility for all actions of such subcontractors.

Second-Tier: With prior written permission from Purchaser, Contractor may enter into subcontracts with third parties for its performance of any part of Contractor’s duties and obligations under a Second-Tier Work Order. Contractor agrees to take full responsibility for all actions of subcontractors.

Specific restrictions apply to Contracting with current or former state employees pursuant to chapter 42.52 RCW. Bidders should familiarize themselves with the requirements prior to submitting a Response.

3 Bidder Technical Requirements

Bidders shall respond to the requirements per the instructions in Appendix E, Hourly Rates and Qualifications.

4 No Costs or Charges

Costs or charges under the Standard Terms and Conditions incurred before a Master Contract is fully executed will be the sole responsibility of the Bidder.

5 Post Award Conference

Awarded Contractors may be required to attend a post award conference scheduled by the Procurement Coordinator to discuss contract performance requirements. The time and place of the conference would be scheduled following Award.

6 Management fee and Usage Reporting

All master contracts executed as a result of this RFQQ will be subject to a management fee, paid by the contractor to DES. The management fee is further described in Appendix A, Master Contract Terms and Conditions, Section 3.8 (Management fee) and Section 3.9 (Contract usage report).

The management fee will be 0.74 percent (.0074) of the purchase price for Second Tier Contracts. The purchase price is defined as total invoice price less sales tax. Taxes will be assessed against the management fee.

The management fee shall be included in Response pricing and not as a separate line item. Awarded Contractors will collect and distribute the fee to DES.

If vendors have zero sales they’re not required to report usage into the sales reporting system.

PRICING

1 Overview

Response prices must include all cost components needed to provide services as described in this RFQQ. All costs associated with services must be incorporated into the price of the Bidder’s Response.

Failure to identify all costs in a manner consistent with the instructions in this RFQQ is sufficient grounds for disqualification.

There are no volume commitments specified in this RFQQ. The proposed pricing levels should reflect the market provided by the Master Contract resulting from this RFQQ.

2 Financial Grounds for Disqualification

Failure to identify all pricing quotations in a manner consistent with the instructions in this RFQQ is sufficient grounds for disqualification.

3 Taxes

Contractor must file tax returns and pay the total amounts due on time to the Department of Revenue (DOR). Due dates are determined by DOR.

Contractor must collect, and timely report and pay in full all applicable state taxes. Taxes are assessed against the management fee. Contractor must not include taxes in Appendix E, Rates and Qualifications.

DES reserves the right to require receipt of proof of compliance with said requirements within 10 calendar days from the date of request, and to terminate this Contract as a material breach for noncompliance with any requirements of this paragraph.

4 Price Quotation

Bidder must provide a not-to-exceed rate in accordance with the instructions detailed in Appendix E, Rates and Qualifications. Bidders must submit not-to-exceed/hourly. Not-to-exceed rates are not applicable to the second tier work orders that are competitively bid. When accepting work through the small project process bidders shall not exceed their not-to-exceed/hourly pricing.

5 No Best and Final Offer

DES reserves the right to make an Award without further discussion of the Response; i.e., there will be no best and final offer request. Therefore, the Response should be submitted on the most favorable terms that Bidder intends to offer.

6 Miscellaneous Expenses

Expenses related to day-to-day performance under any Contract, including but not limited to, travel, lodging, meals, incidentals will not typically be reimbursed to the Contractor. Notwithstanding the forgoing, DES recognizes that there may be additional occasions when a Contractor will be required by a Purchaser to travel. In such case, Purchaser must provide written pre-approval of such expenses on a case-by-case basis. Any such reimbursement shall be at rates not to exceed the guidelines for state employees set forth in the Washington State Administrative and Accounting Manual, and not to exceed expenses actually incurred.

7 Price Adjustments (only applies to small project process)

Firm and fixed period: Pricing will remain firm and fixed for two years from date of award of the contract.

Price protection: The contract prices are the maximum prices the contractor may charge under small project process.

Price increases: Price adjustments will not be considered without supporting documentation sufficient to justify the requested increase. Documentation must be based on published indices such as the U.S. Department of Labor’s Consumer Price Index. The grant of any price adjustment will be at the sole discretion of DES. The Contractor shall be notified in writing by the Contract Administrator of any price adjustment granted and such price adjustment shall be set forth in a written amendment to the Contract.  Price adjustments granted by DES shall remain unchanged for at least 365 calendar days thereafter, and no request for adjustments in price will be considered during that time period.

Consideration of price increases will be at the sole discretion of the Contract Administrator. If a price increase is approved in part or in full, the resulting new contract pricing will be implemented through a contract amendment.

8 Presentation of all Cost Components

All elements of recurring and non-recurring costs must be identified and included in Appendix E, Hourly Rates and Qualifications. This must include, but is not limited to, all management fees, labor, travel, training, fuel surcharges, consultation services needed for the installation (including cost of all uncrating, disposal of shipping materials), set-up, to agency personnel.

PREPARATION OF RESPONSES

1 Due Date and Time

Responses in their entirety must be received by DES no later than the Response due date or as amended by solicitation amendment.

Bidders should allow sufficient time to ensure timely receipt. Late Responses will not be accepted and will be automatically disqualified from further consideration.

All Responses and any accompanying documentation become the property of DES and will not be returned.

Responses may not be transmitted using facsimile transmission.

2 Format

All Responses must be emailed to desmipsmc@des. Subject line: 09514 Personnel Investigations.  Do not send Responses to or copy the Procurement Coordinator’s inbox. Responses may not be transmitted using facsimile transmission. Improperly delivered Responses will be rejected for non-responsiveness.

DES assumes no responsibility for confirmation of receipt and cannot discuss Response contents prior to the Response Due Date and Time. All Responses and any accompanying documentation become the property of DES and will not be returned.

Bidders should provide one hard-copy bid in case electronic copy fails. Response must be legible and completed in ink or with an electronic printer or other similar office equipment, and properly signed by an authorized representative of the bidder. All changes and/or erasures must be initialed in ink. Unsigned response will be rejected on opening unless satisfactory evidence was submitted clearly establishing the bidder’s desire and intent to be bound by the bid, such as a signed cover letter. Incomplete or illegible response may be rejected.

Note: In a joint effort to save costs, reduce waste and save energy, bidders are encouraged to use double-sided printing and recyclable materials. Bidders are encouraged to refrain from submitting response in three-ring binders, spiral bindings or other non-recyclable presentation folders.

3 Required Submittals / Checklist

Bidders must include, at a minimum, the following submittals.

The Response must include the signature of an authorized Bidder representative on all documents requiring a signature.

Also, if applicable, the Response must contain required Solicitation Amendments.

Failure to include or properly document any of the following documents may be grounds for disqualification.

[ ] Bidder’s Authorization Offer and Contract Signature Page

• Signature required

• The signature page appears at the end of this document.

[ ] Appendix D, Bidder Profile

• Bidder must complete Appendix D, Bidder Profile as instructed in the submittal.

[ ] Appendix E, Rates and Qualifications

• Bidder must complete Appendix E, Hourly Rates and Qualifications as instructed in the submittal.

[ ] Writing Sample

• See Appendix E, Hourly Rates and Qualifications.

[ ] Private Investigators (PI) requirement

• See Appendix E, Hourly Rates and Qualifications.

[ ] Solicitation Amendments as Applicable

• In the event that Solicitation Amendments are required, Bidder must complete, sign and return as instructed.

EVALUATION AND AWARD

1 Award Criteria

DES intends to execute multiple Master Contracts as a result of this Solicitation. Awards will be awarded based on the Apparent Successful Bidders’ abilities to meet all of the mandatory requirements established in Appendix E, Hourly Rate and Qualifications and other responsibility factors. These Master Contracts will be grouped into a prequalified and unranked Bidder pool for authorized Purchasers to use for separate Solicitations on a project by project basis.

Bidders whose responses are determined to be non-responsive will be rejected and will be notified of the reasons for such rejection.

Contract Award will be based on the evaluation and Award criteria established herein and will be in accordance with provisions identified in RCW 39.26.160 and other criteria identified in the Solicitation.

DES or any purchaser reserves the right to use references to confirm satisfactory customer service, performance, satisfaction with service/product, knowledge of products/service/industry and timeliness; any negative or unsatisfactory response may be an adequate reason for rejecting a Bidder as non-responsible and unable to suit the needs of the state. DES reserves the right to waive a reference check. Bidders deemed non-responsible may be rejected.

2 Evaluation

To aid in the evaluation process, after Response due date and time, DES may require individual Bidders to appear at a date, time and place determined by DES for the purpose of conducting discussions to determine whether both parties have a full and complete understanding of the nature and scope of contractual requirements. In no manner shall such action be construed as negotiations or an indication of DES’s intention to award.

DES reserves the right to determine at its sole discretion whether a Bidder’s response to a mandatory requirement is sufficient to pass. However, if all responding Bidders fail to meet any single mandatory item, DES reserves the right, at its option, to either: (1) cancel the procurement, or (2) revise or delete the mandatory item.

1 Initial Determination of Responsiveness

Responses will be reviewed initially by the Procurement Coordinator and/or authorized personnel to determine, on a pass/fail basis, whether each Response meets all the administrative requirements specified herein.

2 Evaluation of Appendix E – Hourly Rate and Qualifications

Responses meeting the Initial Determination of Responsiveness will then be reviewed on a pass/fail basis to determine if the Response meets the mandatory requirements specified in Appendix E, Hourly Rate and Qualifications. Only Responses meeting all mandatory requirements will be further evaluated.

3 Appendix E – Not-To-Exceed (NTE) Hourly Blended Rate Pricing

Reference Appendix E, section 1 - Not-To-Exceed (NTE) Hourly Blended Rate Pricing. In the space provided the Bidder shall record not-to-exceed (NTE) hourly blended rate pricing for the initial contract period. Enter values in U.S. dollars and cents (e.g. $85.50). DES reserves the right to evaluate pricing for reasonableness.

By category, the Bidder must include pricing and meet all other solicitations requirements to be considered for an award in the category.

5 Appendix E – Five Year Experience Requirement

Reference Appendix E, section 2 – Five Year Experience Requirement. Bidder will place a checkmark in categories that the Bidder has at least five years’ experience for the given category.

The Bidder must meet the five year experience requirement to receive an award for that category.

This section is evaluated as pass/fail and DES may use an evaluation committee to help with the evaluation.

6 Appendix E – Writing Sample

Reference Appendix E– Writing Sample.

The Bidder shall submit a previous Personnel Investigation report changing names, dates, times, places or facts that may identify a person(s). Preferably a report that is 5 pages or less. This report is to show that you can provide a professional looking document with meaningful content. DES will likely perform only a cursory review. Include with your bid marked as “writing sample”.

This section is evaluated as pass/fail and DES may use an evaluation committee to help with the evaluation.

7 Appendix E – Private Investigator (PI) requirement

Reference Appendix E– Private Investigator (PI) requirement

Each staff member or bidder’s subcontractor performing work on this contract must possess a Private Investigator (PI) License issued by the state of Washington. Bidder must provide a copy of a staff member’s or subcontractor’s license. Bidder may provide additional educational degrees for any/all if its members.

This section is evaluated as pass/fail and DES may use an evaluation committee to help with the evaluation.

3 Evaluation Committee (if applicable):

Master Contracts and Consulting (MCC) may assemble and preside over an evaluation committee. The evaluation committee, if used, may be responsible for reviewing and scoring pass/fail and scored documents, equipment, presentations, etc.

If deemed necessary by MCC, committee members may be substituted and/or the evaluation committee may be disbanded and reconstituted.

The committee or committee member will evaluate the Submittal consistent with their values. The committee member will primarily focus on the considerations stated in the Solicitation.

MCC will not likely evaluate any Submittal that is also evaluated by an evaluation committee. However, in addition to presiding over the evaluation committee, MCC may review the Submittals, provide input, assemble evaluation aids, or perform other functions helpful to the evaluation committee. The committee may engage in a free flow of discussion with other committee members and MCC prior to, during, and after the evaluation.

The evaluation of the submittal may be performed in isolation or together as a group, or a combination of both. Each committee member will give a particular Submittal a pass or fail or a score. All of the committee members’ decisions for that Submittal may be tabulated. Committee members may further deliberate and following deliberation decide on a unified score, their individual tabulated score sheet notwithstanding. Unless otherwise specified, whether a single MCC representative or an evaluation committee, the Bidder must achieve a fifty percent pass rate or better on pass/fail criteria or be disqualified if not otherwise stated in the bid. Regarding scored materials the Bidder must achieve the minimum score that is stated in the solicitation (if any).

4 Responsibility

During evaluation, DES reserves the right to make reasonable inquiry to determine the responsibility of any Bidder. Requests may include, but are not limited to, financial statements, credit ratings, references, record of past performance, clarification of Bidder’s offer, and on-site inspection of Bidder's or Bidder's subcontractor's facilities. Failure to respond to said request(s) may result in a Response being rejected as non-responsive.

5 Selection of Apparent Successful Bidders

The responsive and responsible Bidders who meet all of the Solicitation requirements and the mandatory requirements specified in Appendix E Hourly Rate and Qualifications and elsewhere will be declared Apparent Successful Bidders and may enter into Contract negotiations with DES.

All Bidders responding to this Solicitation will be notified when DES has determined the Apparent Successful Bidders who will constitute a prequalified and unranked Bidder pool. The date of announcement of the Apparent Successful Bidders will be the date of the notification from DES.

6 Selection of Apparent Successful Bidder

Following the announcement of the Apparent Successful Bidder, bidders may request a debrief conference and disclosure of documents. See also Section 2.7 – Complaints, Debriefs and Protests (General Information) and Appendix C – Complaint, Debrief and Protest Procedures. Failure to follow instructions could result in your claim being denied.

DES reserves the right to request additional information or perform tests and measurements as part of the evaluation process before award. Failure to provide requested information within 10 days may result in disqualification.

Before award, DES may negotiate with an Apparent Successful Bidder to determine if a bid can be improved.

Designation as an Apparent Successful Bidder does not imply that DES will issue an award to the Bidder. It merely suggests that at this moment in time, DES believes the bid to be responsive and responsible. This designation allows DES to perform a responsibility analysis and ask for additional documentation. DES may also re-examine the bid to determine whether the bid is truly as responsive as initially believed. The bidder must not construe this as an award, impending award, attempt to negotiate, etc. If a bidder acts or fails to act as a result of this notification, it does so at its own risk and expense.

7 Announcement of Apparent Successful Bidder

Following the announcement of the Apparent Successful Bidder, bidders may request a debrief conference. See also Section 2.7 – Complaints, Debriefs and Protests (General Information) and Appendix C – Complaint, Debrief and Protest Procedures. Failure to follow instructions could result in your claim being denied.

8 Award

By category, the responsive and responsible bidder and all other responsive and responsible bidders that submit pricing and meet the qualifications will be placed in the prequalified vendor pool for that category. Responsive and responsible Bidders must submit pricing for all categories they qualify and would like to participate in to be placed into the second tier pool of contractors.

CONTRACT INFORMATION

1 Incorporated documents and order of precedence

A bid submitted to this RFQQ is an offer to contract with DES.

A bid becomes a contract only when awarded and accepted (partially or totally) by signature of DES and bidder on the Authorized Offer and Contract Signature page. The documents listed below are, by this reference, incorporated into a contract resulting from this RFQQ as though fully set forth herein. No other statements or representations, written or oral, are a part of the contract.

a. The RFQQ

b. The awarded vendor’s bid

c. All appendices

d. RFQQ amendments (if any)

e. Award letter (if any)

In the event of a conflict in such terms, or between the terms and any applicable statute or rule, the inconsistency will be resolved by giving precedence in the following order:

a. Applicable federal and state of Washington statutes and regulations

b. Mutually agreed written amendments to the resulting contract

c. The contract, including all documents incorporated in the subsection immediately above.

d. Solicitation Amendments

e. Solicitation

f. Bidder’s Bid (Accepted Portions)

Conflict: To the extent possible, the terms of the contract must be read consistently.

Conformity: If any provision of the contract violates any federal or state of Washington statute or rule of law, it is considered modified to conform to that statute or rule of law.

2 Parties

This contract is entered into by and between the state of Washington, acting by and through DES, and the awarded contractor with the parties more fully described on the Authorized Offer and Contract Signature page.

3 Authority to bind

The signatories to this contract represent that they have the authority to bind their respective organizations to this contract.

4 Counterparts

This contract may be executed in counterparts or in duplicate originals. Each counterpart or each duplicate will be deemed an original copy of this contract signed by each party, for all purposes.

APPENDICES

|Appendix A, Standard Terms and Conditions |[pic] |

|Appendix B, Special Terms and Conditions |[pic] |

|Appendix C, Complaint, Debrief and Protest Procedures |[pic] |

|Appendix D, Bidder Profile |[pic] |

|Appendix E, Hourly Rates and Qualifications |[pic] |

|Appendix F, Two-Tier User Guide |[pic] |

CERTIFICATIONS AND ASSURANCES

We make the following Certifications and Assurances as a required element of submitting this bid, affirming the truthfulness of the facts declared here and acknowledging that the continuing compliance with these statements and all requirements of the RFQQ are conditions precedent to the award or continuation of the resulting contract.

1. We have read, understand, and agree to abide by all information contained in the RFQQ, all appendices, and incorporated documents.

2. The prices in this bid have been arrived at independently, without engaging in collusion, bid rigging, or any other illegal activity, and without for the purpose of restricting competition any consultation, communication, or agreement with any other bidder or competitor relating to (i) those prices, (ii) the intention to submit an offer, or (iii) the methods or factors used to calculate the prices offered. The prices in this bid have not been and will not be knowingly disclosed by the bidder, directly or indirectly, to any other bidder or competitor before contract award unless otherwise required by law. No attempt has been made or will be made by the bidder to induce any other concern to submit or not to submit an offer for the purpose of restricting competition. However, we may freely join with other persons or organizations for the purpose of presenting a bid.

3. The attached bid is a firm offer for a period of 90 days following the bid due date specified in the RFQQ, and it may be accepted by DES without further negotiation (except where obviously required by lack of certainty in key terms) at any time within the 90-day period. In the case of a protest, our bid will remain valid for 90 days or until the protest and any related court action is resolved, whichever is later.

4. In preparing this bid, we have not been assisted by any current or former employee of the state of Washington whose duties relate (or did relate) to the state's RFQQ, or prospective contract, and who was assisting in other than his or her official, public capacity. Neither does such a person nor any member of his or her immediate family have any financial interest in the outcome of this bid. (Any exceptions to these assurances are described in full detail on a separate page and attached to this document.)

5. We understand that the state will not reimburse us for any costs incurred in the preparation of this bid. All response become property of the state, and we claim no proprietary right to the ideas, writings, items or samples unless so stated in the bid. Submittal of the attached bid constitutes an acceptance of the evaluation criteria and an agreement to abide by the procedures and all other administrative requirements described in the RFQQ.

6. We understand that any contract awarded as a result of this bid will incorporate all RFQQ requirements. Submittal of a bid and execution of this Certifications and Assurances document certify our willingness to comply with the contract terms and conditions appearing in the RFQQ, all appendices, and incorporated documents if selected as a contractor. It is further understood that our standard contract will not be allowed as a replacement for the terms and conditions appearing in the RFQQ, all appendices, and incorporated documents of this RFQQ.

7. By submitting this bid, bidder hereby offers to furnish materials, supplies, services and/or equipment in compliance with all terms, conditions, and specifications contained in this RFQQ.

8. We are not submitting any exceptions.

BIDDER’S AUTHORIZED OFFER and CONTRACT SIGNATURE PAGE

Master Contracts and Consulting Use Only

Summary of Award

Sexual Harassment Harassment

Discrimination Retaliation

Hostile Work Environment Employee misconduct/Just cause

Employee Performance Issues Computer Forensics

***********************************************************************************************************

The Award is identified/detailed or further identified/detailed in MCC’s formal Award Letter to the Apparent Successful Bidder dated _______________________ and is incorporated by reference.

In submitting this bid, the authorized signatory below acknowledges having read and understood the entire RFQQ and amendments incorporated prior to the bid due date, and agrees to comply with its terms and conditions, as written, including the Certifications and Assurances. The authorized signatory also agrees to fulfill the offer for categories made in this bid and any subsequently awarded contract.

In witness whereof, the parties hereto, having read this contract in its entirety, including all attachments, do agree in each and every particular and have thus set their hands hereunto.

This contract is effective as of ______________________________________________________.

(DES use only)

|Approved (MCC) | |Approved (bidder) |

|Department of Enterprise Services | | |

|Master Contracts and Consulting | | |

|1500 Jefferson Building | | |

|1500 Jefferson Street SE | | |

|Olympia, WA 98501 | | |

|Washington State Department of Enterprise Services | |Bidder’s Company Name & Address |

| | | |

|Signature Date | |Signature Date |

|Jennifer Burbage, Procurement Coordinator | |      |

|Typed or Printed Name, Title | |Typed or Printed Name, Title |

| | | |

|Manager Signature (if applicable) Date | | |

|Michael Maverick, Unit Manager | | |

|Manager’s Typed or Printed Name, Title | | |

|Contact Information | |Contact Information |

|Contact: | | |Contact: |      |

|Title: |Procurement Coordinator | |Title: |      |

|Phone: |(360) 407-9422 | |Phone: |      |

|Fax: |360-586-2426 | |Fax: |      |

|Email: |Jennifer.Burbage@des. | |Email: |      |

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